TERMS, CONDITIONS AND IMPORTANT DISCLOSURES

Last Updated: [11/15/2024]

Pomarium is an interactive investment tool developed by Inicio Inc. All rights, titles, and interests in the intellectual property, technology, and software are owned by Inicio, which does business as Pomarium.

Pomarium’s tool (the “Platform”) provides financial professionals and firms (each, the “Financial Professional”) with personalized investment strategy analysis (“Pomarium Output”) based on values input into the Platform by the Financial Professional’s clients such as yourself. The Pomarium Output is intended solely to inform the Financial Professional’s independent analysis and investment recommendations. The Pomarium Output does not, and is not intended to, substitute for the Financial Professional’s independent judgement and obligations to you.

WE NOTE THAT THESE TERMS APPLY SOLELY TO THE USE OF THE PLATFORM IN CONNECTION WITH OR RELATED TO ADVISORY SERVICES YOU RECEIVE FROM FINANCIAL PROFESSIONALS REGARDING YOUR FINANCIAL ACCOUNTS. IF YOU ACCESS OR USE ANY OTHER SERVICE OR OFFERING PROVIDED BY POMARIUM, SUCH USE MAY BE GOVERNED BY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS.

THE PLATFORM AND THE POMARIUM OUTPUT IS NOT INTENDED FOR ANY PERSONS OUTSIDE THE UNITED STATES OF AMERICA (E.G., PERSONS IN THE EUROPEAN ECONOMIC AREA, AS REFERRED TO UNDER THE EU GENERAL DATA PROTECTION REGULATION (GDPR) OR OTHER APPLICABLE LAW, (COLLECTIVELY “NON-US PERSONS”)). BY INPUTTING ANY INFORMATION ONTO THE PLATFORM, YOU HEREBY REPRESENT THAT YOU ARE NOT A NON-US PERSON.

POMARIUM IS NOT AN SEC REGISTERED FINANCIAL ADVISOR, A LICENSED FINANCIAL PLANNER, REGISTERED REPRESENTATIVE, BROKER, DEALER OR TAX ADVISOR, NOR DOES IT PRESENT ITSELF AS SUCH. ANY ACCOUNT MANAGEMENT OR FINANCIAL ADVICE PROVIDED IN CONNECTION WITH YOUR FINANCIAL PROFESSIONAL’S USE OF THE PLATFORM IS PROVIDED SOLELY BY YOUR FINANCIAL PROFESSIONAL AND NOT BY POMARIUM NOR ANY OF ITS AFFILIATES. POMARIUM’S PLATFORM PROVIDES ANALYSIS FOR YOUR ADVISOR (WHO IS A POMARIUM SUBSCRIBER), TO USE IN PREPARING FINANCIAL ADVICE AND RECOMMENDATIONS FOR YOU. POMARIUM DOES NOT RENDER ANY OTHER SERVICE UNDER THESE TERMS EXCEPT AS SPECIFICALLY DESCRIBED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POMARIUM DOES NOT RENDER FINANCIAL ADVISORY, BROKERAGE OR INVESTMENT ADVISORY SERVICES OR FINANCIAL ACCOUNT MANAGEMENT SERVICES TO ANYONE, INCLUDING TO YOU OR YOUR FINANCIAL PROFESSIONAL. THESE TERMS, AND YOUR ACCESS TO THE PLATFORM, ARE NOT INTENDED TO CONFER ON POMARIUM OR ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, CONTRACTORS OR SERVICE PROVIDERS (COLLECTIVELY, “PERSONNEL”) ANY FIDUCIARY, REGULATORY, OR CONTRACTUAL OBLIGATIONS TO ANY PERSON, AND POMARIUM DOES NOT INTEND TO ASSUME OR UNDERTAKE ANY OF THE FOREGOING BY ENTERING INTO THESE TERMS.

I. ACCESS TO POMARIUM PLATFORM

Your access to the Platform is based exclusively on the fact that your Financial Professional maintains a subscription to Pomarium. Furthermore, your access to the Platform is limited to your ability to complete certain data entry fields on the Platform.

Pomarium Outputs are intended solely for your Financial Professional. As noted above, Pomarium is not providing you with an investment recommendation or in any way advising you with respect to the advisability of investing in securities in any manner. The Pomarium Output is not intended to constitute investment advice for you. Moreover, the Pomarium Output is not advice with respect to the advisability of investing in securities. As an analysis tool to be used by Financial Professionals, Pomarium does not owe you any obligations or duties. The Pomarium Output is intended solely for your Financial Professional’s analysis and recommendations to you.

2. INVESTMENT ADVICE IS EXCLUSIVELY YOUR FINANCIAL PROFESSIONAL’S RESPONSIBILITY

Pomarium will not communicate directly with you. Your Financial Professional, not Pomarium, is responsible for making investment recommendations and for determining the suitability of such recommendations. Your Financial Professional is responsible for monitoring the investments recommended to you by the Financial Professional even if such recommendations were informed by the Financial Professional’s review of the Pomarium Output, including, but not limited to making a determination to continue or terminate an investment strategy recommended by the Financial Professional based in part or in whole on the Pomarium Output provided to the Financial Professional.

All investment and trading activities risk the loss of capital, and no assurance can be given that the investment advice provided by your Financial Professional using the Pomarium Output will achieve the investment objectives of such account or avoid losses. Investing in securities involves risk of loss that clients of Financial Professionals should be prepared to bear.

Pomarium has relied, and shall continue to rely, on the Financial Professional's knowledge and experience to understand the inherent limitations of performance presentations incorporating data or information obtained from Pomarium. All performance presentations, including hypothetical performance, are created by your Financial Professional, independent of Pomarium.

Financial Professionals using Pomarium pay Pomarium a fixed monthly licensing fee. You, as a client of a Financial Professional, have no investment advisory agreement with Pomarium, nor are you responsible for any fee or other remuneration to Pomarium.

Pomarium is not responsible for implementing any investment strategy recommended by a financial adviser to their client based on information provided by Pomarium. Financial advisers, not Pomarium, have relationships with broker-dealers to enter trades on behalf of their clients. Pomarium has no ability to submit a trade order for any client of a financial adviser using Pomarium.

3. LIMITATIONS ASSOCIATED WITH POMARIUM OUTPUT

As with all technological tools, the Pomarium Output is subject to certain limitations based on the design and purpose of the software. To that end, you should be aware that to the extent your Financial Professional utilizes the Pomarium Output in preparing investment recommendations for you, the utility of the Pomarium Output will be limited by numerous factors, including, but not limited to:

Values-Based Investing Limitations

Pomarium provides Financial Professionals with detailed values-based portfolio options based on a client’s identified preferences. To the extent applicable to the strategy, values-based investing involves the incorporation of environmental and social considerations into the investment due diligence process. There are potential limitations associated with these considerations, as certain types of securities will necessarily be excluded from the portfolio based on the value of the client (i.e., securities that have a mandate to avoid, when possible, investments in such products as alcohol, tobacco, firearms, oil drilling, gambling, etc.). The number of these securities may be limited when compared to those that do not maintain such a mandate. A values-based portfolio could underperform broad market indices. Clients must accept these limitations, including potential for underperformance. As with any type of investment, there can be no assurance that investment in a values-based portfolio of securities will be profitable or prove successful.

Static Output

Each Pomarium Output will be based on the information entered into the Pomarium software immediately preceding the generation of the subject output. In other words, the Pomarium Output is entirely dependent on the accuracy of information you input into the Pomarium software. To that end, should you not fully understand any request for information on the software, you must consult with your Financial Professional for input.

Moreover, information input into the Pomarium software may change after the Pomarium Output has been provided to your Financial Professional. If your Financial Professional may have relied on the Pomarium Output in making an investment recommendation, you should notify immediately your Financial Professional of any change in the information.

Finally, the Pomarium Output will not account for sudden changes in macroeconomic and geopolitical matters. Such matters can impact the risk and return attributes of investments that may be included in the Pomarium Output and the Pomarium Output may have been impacted if it were to have accounted for such events.

Pomarium does collect certain information about clients of financial advisers using Pomarium. For more information on how Pomarium uses that information, see Pomarium’s Privacy Policy.

Pomarium is committed to keeping any information it receives from its users secure. For more information, see Pomarium’s Information Security Policy.

4. YOUR DATA; ACCURACY AND USE RIGHTS

The Pomarium Output associated with you will be impacted by the information and data you enter into the Platform (the “Data”). Therefore, any investment advice your Financial Professional renders after reviewing the Pomarium Output associated with you will be impacted, potentially materially, by the accuracy of the Data.

You hereby grant Pomarium a non-exclusive, royalty-free, sublicensable (to Pomarium’s service providers) license to use, process, analyze, store, have used, have processed, have analyzed, and have stored the Data, in order to (i) prepare the Pomarium Output; (ii) develop, improve, and customize any types of services and offerings available through Pomarium; (iii) allow Pomarium and its service providers, to the extent permitted by applicable law, to use, transact in or disclose aggregate, non-personally identifiable, deidentified, or anonymized data; and (iv) comply with any applicable law.

5. PRIVACY POLICY

Pomarium respects your privacy and is committed to protecting the information shared with Pomarium. Pomarium believes that you have a right to know Pomarium’s practices regarding the information Pomarium collects when you enter your Data onto the Platform. Pomarium’s policy and practices and the type of information collected are described in our privacy policy at www.getpomarium.com. If you are a California resident, please refer to the California-specific privacy policy.

6. DISCLAIMERS OF LIABILITY AND WARRANTIES

THIS SECTION CONTAINS DISCLAIMERS OF POMARIUM’S WARRANTIES AND LIABILITIES RELATING IN ANY WAY TO THE PLATFORM, THE POMARIUM OUTPUT, OR THESE TERMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL BE DEEMED AS A WAIVER BY YOU OF ANY NON-WAIVABLE RIGHTS YOU HAVE UNDER APPLICABLE LAW, INCLUDING U.S. FEDERAL OR STATE SECURITIES LAWS OR REGULATIONS.

ALL OR A PORTION OF THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR YOUR FINANCIAL PROFESSIONAL FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. POMARIUM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATIONS. POMARIUM ALSO IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE TO SEND OR RECEIVE EMAIL OR OTHER COMMUNICATIONS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE OF ANY KIND OR CHARACTER TO ANY PERSON’S COMPUTER (INCLUDING ANY TABLET OR SMARTPHONE) OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING DATA OR MATERIALS IN CONNECTION WITH THE SERVICES OR THE INTERNET. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL POMARIUM BE RESPONSIBLE, INCLUDING FOR ITS OWN NEGLIGENCE, FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH RESULTING FROM OR RELATING TO ANYONE’S USE OF THE PLATFORM, INCLUDING FOR YOUR BENEFIT.

ACCESS TO THE PLATFORM AND THE POMARIUM OUTPUT ARE PROVIDED TO YOUR FINANCIAL PROFESSIONAL ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. POMARIUM AND ITS PERSONNEL (COLLECTIVELY, THE “POMARIUM RELEASED PARTIES”) DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING OR RELATING TO THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PLATFORM AND POMARIUM OUTPUT, NOR DOES POMARIUM MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT PROVIDED BY OR THROUGH POMARIUM.

FOR THE SAKE OF CLARITY AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POMARIUM DOES NOT REPRESENT, WARRANT OR COVENANT:

• THAT THE PLATFORM OR THE POMARIUM OUTPUT WILL MEET YOUR FINANCIAL PROFESSIONAL’S REQUIREMENTS OR BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION;
• THAT THE SERVICES OR PLATFORM WILL BE ACCURATE, SECURE, USEFUL, TIMELY, INFORMATIONAL, UNINTERRUPTED OR ERROR-FREE; OR
• THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION PROVIDED TO YOU BY YOUR FINANCIAL PROFESSIONAL MAY INCLUDE INFORMATION SOURCED FROM THIRD PARTIES (I.E., OTHER THAN THE CONTENT AND OTHER INFORMATION MADE AVAILABLE THROUGH OR GENERATED BY THE PLATFORM). POMARIUM MAY NOT HAVE ACCESS TO AND, IN ANY EVENT, DOES NOT REVIEW OR ASSUME RESPONSIBILITY TO REVIEW ANY SUCH ADDITIONAL OR SUPPLEMENTAL INFORMATION.

THE POMARIUM RELEASED PARTIES DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND, WARRANT OR IN ANY MANNER ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT OR INFORMATION RECEIVED OR DERIVED FROM THE USE OF, OR GENERATED BY THE PLATFORM, INCLUDING SPECIFICALLY THE POMARIUM OUTPUT, NOR DO POMARIUM OR ITS SERVICE PROVIDERS ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES OF ANY KIND OR CHARACTER INCURRED AS A RESULT OF, IN CONNECTION WITH, OR IN ANY WAY RELATING TO YOUR ADVISOR’S USE OF PLATFORM AND POMARIUM OUTPUT, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE PLATFORM OR THE POMARIUM OUTPUT OR OTHER INFORMATION RECEIVED OR DERIVED FROM, OR GENERATED BY, YOUR ADVISOR’S USE OF THE PLATFORM. POMARIUM AND ITS SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

YOU AGREE AND ACKNOWLEDGE THAT YOU (THROUGH YOUR FINANCIAL PROFESSIONAL) HAVE THE SOLE AND ULTIMATE RESPONSIBILITY FOR DECISIONS (INCLUDING ANY FINANCIAL OR TAX DECISIONS) OR ACTIONS TAKEN AS A RESULT, THROUGH, OR IN CONJUNCTION WITH, OR RELATING TO THE USE IN ANY WAY OF THE PLATFORM OR POMARIUM OUTPUT FOR YOUR BENEFIT. YOU ACKNOWLEDGE AND AGREE THAT POMARIUM DOES NOT EVALUATE NOR ASSESS THE QUALITY OR PROSPECTS OF YOUR FINANCIAL PROFESSIONAL’S, OR ANY OTHER PERSON’S, INVESTMENT RECOMMENDATIONS AND CHOICES AND THAT POMARIUM DOES NOT HAVE DISCRETION OVER, OR SUPERVISION OR MANAGEMENT OF, YOUR ASSETS OR FINANCIAL ACCOUNTS, OR OF THE FINANCIAL ORDERS ISSUED BY YOUR FINANCIAL PROFESSIONAL OR THE USE OF THE PLATFORM BY YOUR FINANCIAL PROFESSIONAL OR ANY RESPONSIBILITY FOR THE SELECTION OF ANY INVESTMENT IN CONNECTION WITH YOUR FINANCIAL PROFESSIONAL’S USE OF THE PLATFORM.

7. LIMITATION OF LIABILITY AND DAMAGES

THIS SECTION 7 CONTAINS LIMITATIONS OF POMARIUM’S LIABILITY RELATING TO OR UNDER THESE TERMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, INCLUDING ANYTHING TO THE CONTRARY IN THE LIMITATIONS IN THIS SECTION 7, NOTHING IN THESE TERMS SHALL BE DEEMED A WAIVER BY YOU OF ANY NON-WAIVABLE RIGHTS THAT YOU HAVE UNDER APPLICABLE LAW, INCLUDING U.S. FEDERAL OR STATE SECURITIES LAWS OR REGULATIONS.

IN NO EVENT SHALL THE POMARIUM RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, STATUTE OR OTHER TORTIOUS ACTIONS RESULTING FROM, ARISING OUT OF OR RELATING TO THE CONTENT OR THE USE OF THE PLATFORM OR POMARIUM OUTPUT BY YOUR FINANCIAL PROFESSIONAL FOR YOUR BENEFIT, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AND ANY INFORMATION WHICH DERIVES FROM, OR GENERATED BY, YOUR FINANCIAL PROFESSIONAL’S USE OF THE PLATFORM OR POMARIUM OUTPUT, FAILURE OF THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF POMARIUM OR ITS SERVICE PROVIDERS TO PERFORM UNDER THESE TERMS, INCLUDING FOR THEIR OWN NEGLIGENCE, ANY OTHER ACT OR OMISSION OF POMARIUM OR ITS SERVICE PROVIDERS BY ANY OTHER CAUSE WHATSOEVER, OR BASED UPON ANY CLAIM OR CAUSE OF ACTION, INCLUDING BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIMS OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER POMARIUM OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE POMARIUM RELEASED PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTIONS, STATUTORY ACTIONS OR OTHERWISE, RELATED TO YOUR OR YOUR FINANCIAL PROFESSIONAL’S USE OR OTHER EXPLOITATION OF THE PLATFORM AND POMARIUM OUTPUT EXCEED THE TOTAL AMOUNTS PAID BY YOUR FINANCIAL PROFESSIONAL TO POMARIUM IN CONNECTION WITH YOUR FINANCIAL PROFESSIONAL'S ABILITY TO GENERATE THE POMARIUM OUTPUT(S) ASSOCIATED WITH YOUR DATA SPECIFICALLY FOR YOUR BENEFIT, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

8. RELEASE OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST THE POMARIUM RELEASED PARTIES FROM ANY LIABILITY FOR CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING OUT, CONNECTED WITH OR IN ANY WAY RELATING TO THE PLATFORM OR POMARIUM OUTPUT, INCLUDING YOUR FINANCIAL PROFESSIONAL’S USE OF THE PLATFORM OR POMARIUM OUTPUT FOR YOUR BENEFIT OR ANY DISPUTE BETWEEN YOU AND YOUR FINANCIAL PROFESSIONAL OR ANY THIRD PARTY.

9. WAIVER OF CALIFORNIA CIVIL CODE § 1542 AND SIMILAR PROVISIONS

You acknowledge and agree that you are familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

10. CHANGES TO THE SERVICES & TERMINATION OF YOUR ACCOUNT

Pomarium reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Platform (or any portion thereof) without notice, at any time, except as set forth in this Section.

You agree that Pomarium shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform (or any portion thereof).

At any time, without assuming any liability, Pomarium may temporarily block or terminate your Financial Professional’s access to the Platform (or any portion thereof), for any reason, at our sole discretion, in addition to any other remedies that may be available to Pomarium under any applicable law. For example, such actions by Pomarium may be taken:

1. If Pomarium, in its sole discretion, believes that you or your Financial Professional has breached any provision of these Terms or any other agreement between your Financial Professional and Pomarium.
2. At the request of law enforcement or other government agencies.
3. If the Platform is discontinued or materially modified.
4. Upon the occurrence of any technical or security issues or problems.

In addition, Pomarium may terminate individual Pomarium accounts due to inactivity. You agree that upon termination or expiration of these Terms, Pomarium may delete, subject to applicable law, all information related to your Pomarium user profile (“Pomarium End User Account”) (including any related Data). You agree that Pomarium will not be liable to you or any third party (including your Financial Professional) for any termination or suspension of your Pomarium End User Account or for blocking your (or your Financial Professional’s) access to the Platform in accordance with these Terms.

In the event of any expiration or termination of these Terms, any provisions hereof which expressly or by their nature are required to survive such expiration or termination in order to achieve their purpose, shall survive the expiration or termination of these Terms.

Pomarium may change these Terms from time to time, at our sole discretion and without any notice. We will notify you regarding material changes to these Terms by notice on the Pomarium website and/or by sending you an e-mail regarding such changes to the e-mail address that you provided to your Financial Professional. Such material changes will take effect seven (7) days after such notice is provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your Financial Professional’s continued use of the Platform after the “Last Revised” date will constitute acceptance of, and agreement to be bound by, such changes.

IF YOU DO NOT AGREE WITH ANY CHANGES TO THESE TERMS, YOU ARE OBLIGATED TO PROMPTLY NOTIFY US AND YOUR FINANCIAL PROFESSIONAL.

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